Judgments of 1994

The Supreme Court examined whether medical representatives employed by Sandoz (India) Ltd. qualified as "workmen" under Section 2(s) of the Industrial Disputes Act, 1947 and the Maharashtra Recognition of Trade Unions & Prevention of Unfair Labour Practices Act, 1971. The Court held that the work of a medical represent…

UCO Bank, a secured creditor of Glass Carboys & Pressedwares Ltd., obtained a decree in 1976 to recover its debt before the Companies (Amendment) Act, 1985 came into force. The amendment inserted a proviso to Section 529(1) of the Companies Act, 1956, deeming the security of every secured creditor to be subject to a pa…

The State of Madhya Pradesh issued directions prohibiting agriculturists from selling their produce through commission agents. The commission agents challenged the directions, arguing that under the Madhya Pradesh Krishi Upaj Mandi Adhiniyam, 1972, agriculturists are classified as "traders" and therefore may sell throu…

The appellant, P.K. Jain, joined the Central Government service in 1974 and was later directly recruited by the Union Public Service Commission as Assistant Meteorologist in the Indian Meteorological Department in 1977, a permanent vacancy. He completed his two‑year probation, crossed the efficiency bar in 1983, and wa…

Marn Ram, a large landowner, had 61 acres and 9 units of land partitioned among his sons. Under the Punjab Security of Land Tenures Act, 1953, 9 acres and 3¾ units were declared surplus in 1961 and the order became final in 1962. The Haryana Ceiling on Land Holdings Act, 1972, Section 12(3) deemed such surplus land ves…

The Uttar Pradesh Bhumi Sudhar Nigam Ltd. advertised for a Financial Controller and prepared a three‑member merit panel, with Shiv Narain Gupta placed second. After the first candidate failed to join, the corporation abolished the post because a World Bank‑funded project was delayed. Gupta filed a writ petition under A…

The Supreme Court examined the constitutional validity of Section 52‑A inserted by the Tamil Nadu Revenue Recovery (Amendment) Act, 1972, which allowed recovery of loans advanced by state‑owned corporations as arrears of land revenue. The petitioners challenged the provision on two grounds: lack of legislative competen…

The appellants, clearing and forwarding agents for Balsara Hygiene Products Ltd., obtained an ex‑parte injunction that allowed them to sell the respondent's goods, resulting in sales worth Rs 32.4 lakhs. The suit was later dismissed on the ground of non‑registration of the partnership under Section 69(2) of the Indian …

The appellant, A. Neelalohithadasan Nadar, was declared elected from the Kovalam Assembly seat, but the first respondent, George Mascrene, filed an election petition alleging double voting and void votes under Section 62(4) of the Representation of People Act, 1951. The Kerala High Court inspected ballot papers and ele…

The Supreme Court considered a batch of writ petitions and appeals challenging the constitutional validity of the Terrorist Affected Areas (Special Courts) Act, 1984, the Terrorist and Disruptive Activities (Prevention) Act, 1985, and the Terrorist and Disruptive Activities (Prevention) Act, 1987 (TADA), along with a c…

Captain Virender Kumar, an Army officer injured in 1975, filed a contempt petition seeking enforcement of a 1986 Supreme Court order that deemed him discharged as of 21 February 1981 and directed payment of all arrears and retirement benefits. He argued that, under Rule 18 of the Army Rules, 1950, he could not be disch…

D.C. Agarwal, a Deputy General Manager of State Bank of India, was subjected to a departmental inquiry that reduced his rank by three grades, an order later set aside by the High Court and upheld by the Supreme Court. The Bank was directed to consider him for promotion, but as he approached the superannuation age of 58…

This landmark judgment concerns the scope of Article 356 of the Constitution of India, which empowers the President to impose President's Rule in states upon failure of constitutional machinery. The case consolidated challenges to proclamations dissolving legislative assemblies in Karnataka, Meghalaya, Nagaland, Madhya…

The State of Maharashtra invited tenders for a 99‑year lease of a plot in the Backbay Reclamation area. Atur India Pvt. Ltd. responded as a promoter, seeking to transfer the lease benefit to a cooperative housing society. The Collector accepted the tender but did not effect an actual demise, and later demanded stamp du…

The male testator executed a 1941 will granting each of his two wives a life interest in half of his property, with his daughter as ultimate beneficiary. After the testator's death in 1958, one widow executed a 1966 will transferring her interest to a stranger. The daughter (respondent) sued, arguing the widow only had…

Dr. R.C. Tyagi, a distinguished scientist, was transferred from Delhi to the Institute of Armament Technology, Pune in 1977 by an order issued by the Director General, although the Secretary of the department was the only authority empowered to transfer him. Tyagi challenged the transfer as malicious and unauthorized; …

The appellant, a security guard, was transferred after complaints of teasing a young girl living in an apartment. Ignoring the transfer, he went to the girl’s flat under the pretext of making a telephone call, raped and murdered her, and stole her wrist‑watch. The prosecution relied on a chain of circumstantial evidenc…

Express Newspaper Ltd. claimed large losses in its returns for AY 1985-86, which the Assessing Officer rejected as fabricated and assessed a huge income. While the appeal against this assessment was pending, the company filed an application under Section 245‑C of the Income‑Tax Act seeking settlement for four assessmen…

Mrs. Sira Menan was a contractual tenant under the West Bengal Premises Tenancy Act, 1956. After her death, the respondent claimed to be her daughter and asserted that she inherited the tenancy. The trial court rejected her claim, holding that even if she were the daughter she was not a tenant because she did not ordin…

The appellants Balbir Singh and Nachhattar Singh were convicted of murder under IPC sections 302 and 34 for inflicting fatal blows with a gandasa. They challenged the conviction on two grounds: that the offence should be culpable homicide under section 325, and that the criminal court lacked jurisdiction to try Air For…

The State of Haryana appealed a High Court order that had set aside a land acquisition on the ground that the substance of the notification under Section 4(1) and the declaration under Section 6 of the Land Acquisition Act, 1894, were not published in the locality. The Supreme Court examined whether the word “shall” in…

Dr. Ganga Prasad Verma, an Assistant Professor, was promoted to Associate Professor in Neuro‑Surgery, a promotion challenged on the ground that he lacked the M.Ch. qualification required for the post. The High Court set aside the promotion and ordered a fresh consideration in light of the Supreme Court’s decision in Dr…

The Municipal Corporation of Delhi appealed against an interim order of the Delhi High Court that stayed recovery of about Rs 1 crore in tax, permitting the assessee C.L. Batra to deposit only Rs 3 lakh. The corporation argued that the order bypassed the statutory appeal provision under Section 170(b) of the Delhi Muni…

Amrutlal Someshwar Joshi, a domestic servant, was convicted of murdering three members of his employer's family and an infant in their Bombay flat and stealing valuables. The prosecution relied on a series of circumstantial facts, including eyewitness testimony that Joshi was present in the flat until early afternoon, …

The parties to a family arbitration agreement divided joint family property among six branches, with a retired district judge acting as arbitrator. After the award was registered, objections were filed, and later amended to include new allegations of arbitrator misconduct. The High Court set aside the award on grounds …

The dispute involved M/s. Micronix India (respondent) and a former partner who started a new business under the name M/s. Microtel with a similar logo and packaging. The respondent obtained an interim injunction restraining the appellant from using the trade name 'MICROTEL', the logo 'M', and the carton, alleging trade…

The widow of Ram Kishore Pandey filed a claim before the Motor Accidents Claims Tribunal for compensation of Rs. 1,17,747.70 after her husband was killed in a car accident. The Tribunal awarded only Rs. 40,600, assuming a life expectancy of 58 years and deducting 33% for a lump‑sum payment, and dismissed the claim agai…

The appellant filed an FIR alleging offences under Sections 406 and 498-A IPC against her husband, his parents and other relatives. The police investigated, filed a charge sheet and the magistrate took cognizance, framed charges under Sections 239 and 240 of the CrPC and fixed a date for recording evidence. Before tria…

Tej Singh, a Gram Sewak, obtained an allotment of five bighas of government land in 1968 under the Rajasthan Colonisation (Medium & Minor Irrigation Projects Government Lands Allotment) Rules, 1968. In 1980 the Additional Collector cancelled the allotment under Rule 17‑A, alleging that Singh had concealed his employmen…

The Gujarat Public Service Commission conducted examinations for Executive Engineers in 1980 and 1982, fixing a 50% viva voce qualifying mark which was later struck down, leading to revision of merit lists and appointments of some candidates. Subsequent petitions sought to use the waiting lists from those examinations …

The case concerned land in Delhi that was originally evacuee property and was allotted in 1970 to Prem Nath, who later sold it to another party. Tenants of the land claimed that, upon allotment, the allottee became a Bhumidhar under the Delhi Land Reforms Act (DLRA) and that they thereby acquired Bhumidhari rights, ren…

R.M. Investment & Trading Co. (RMI) entered into a consultancy agreement with Boeing to promote sales of aircraft in India and later claimed a commission of US$17.5 million after Boeing sold two aircraft to Air India. The agreement contained an arbitration clause, and Boeing invoked Section 3 of the Foreign Awards (Rec…

The appellants, who were Lower Division Clerks, were promoted to Upper Division Clerks (UDC) by the Director of Municipal Administration under the Andhra Pradesh Municipal Act. Their promotions were later reversed when the Director downgraded the posts, but they were re‑promoted by a government order on 20 December 197…

The Andhra Pradesh State Financial Corporation (the appellant) had advanced loans to Gar Re‑rolling Mills (the respondent) which defaulted, leading the corporation to first obtain an order under Section 31 of the State Financial Corporations Act and later to invoke Section 29 to sell the mortgaged concern. The High Cou…

Mis Quality Steel Tubes (P) Ltd. manufactured welded steel pipes and tubes using duty‑paid raw material and installed a tube mill and welding head as part of a plant expansion. The Central Excise authorities seized the plant and issued a show‑cause notice alleging that the machinery, classified under tariff item 58, wa…

Mis. Basant Industries, a partnership licensed under the Central Excises and Salt Act, supplied raw materials and components such as castings, shafts and impellers to independent licensed manufacturers for the production of oil‑driven pumps. The Central Excise Department issued a show‑cause notice alleging that the pum…

The State of Punjab acquired land in 1946 and 1965 for paramilitary purposes. An arbitrator awarded compensation in 1972, which was enhanced by the Additional District Judge in 1973 with a 15% solatium and 12% interest. The High Court modified the decree in 1986, applying the Land Acquisition (Amendment) Act, 1984, to …

In Suit No. 252/80 filed by K.V. Thakkar and others, the High Court appointed a Court Receiver to take custody of the disputed property. In a separate Suit No. 983/90 filed by Jagannath Sowar Vaity and others for declaration of title, three successive judges ordered that the same Court Receiver continue to hold the pro…

The Department of Telecommunications invited tenders for printing telephone directories in Hyderabad. New Horizons Ltd. (NHL), a joint venture of Indian firms and a Singaporean company, submitted a tender offering a substantially higher royalty but was rejected on the ground that it lacked experience in its own name. T…

The appellant Jaswant Singh and the respondent Virender Singh contested the 1991 Haryana Legislative Assembly election, with the respondent declared elected. The appellant filed an election petition under Sections 81 and 83 of the Representation of the People Act, 1951 alleging irregularities, tampering of vote counts …

The deceased met an unnatural death in her matrimonial home, leading to an FIR that named her husband, mother‑in‑law and two relatives (the brother‑in‑law and sister‑in‑law) as alleged perpetrators. The police charge‑sheeted only the husband and mother‑in‑law under IPC sections 304B and 306, and the case was committed …

Suba Singh was convicted under Section 302 IPC for the murder of Pritam Singh following a dispute that arose after a betrothal ceremony. The prosecution's case rested on the ocular testimony of two eyewitnesses, Jagtar Singh and Lahora Singh, who identified the appellant as the shooter, and was corroborated by the FIR,…

Orient Paper Mills bought bamboos from the State Forest Department at depots located within the market area of the Krishi Upaj Mandi Samiti (the appellant). The Samiti levied market fees on the purchase under Section 19 of the Madhya Pradesh Krishi Upaj Mandi Adhiniyam, 1973. The mill challenged the levy in a writ peti…

M/s A.H. Jaffar and Sons applied for a bauxite mining lease in Goa, but the application was not disposed of within the 12‑month period prescribed by Rule 11 of the Mineral Concession Rules and was deemed rejected. The respondents filed a revision under Section 30 of the Mines and Minerals Regulation and Development Act…

The petitioners, accused in the 1993 Bombay blast case, were charged under Section 5 of the Terrorist and Disruptive Activities (Prevention) Act (TADA) for knowingly possessing an AK‑56 rifle and ammunition. They argued that the possession was for self‑defence, not for terrorist purposes, and sought bail. The Supreme C…

The case concerned a joint Hindu family property acquired in 1928 by Govindaswamy and his brother Srinivasa. Govindaswamy disappeared after August 1930 and was not heard of thereafter. His wife, Kasambu Ammal, executed a sale deed in 1970 in favour of Nataraja Iyer, while Srinivasa executed a separate sale deed the sam…

Bloom Dekor Ltd., a public company, issued a public share offering that was oversubscribed. A group of investors, seeking to avoid losses from speculative out‑of‑the‑ring transactions, filed a series of suits and applications in various courts (Morvi, Prantij, Baroda, Ahmedabad) alleging that the company had not obtain…

The petitioners, Ashok Kumar and others, filed a writ petition under Article 32 of the Constitution seeking mandamus against the Delhi Development Authority, alleging that a letter dated 1 July 1994 required them to pay excess amounts for plots. The petition was filed after a prior order passed by the Supreme Court und…

The appellants, Havildar Clerks in the Army Medical Corps, were recommended by the Service Selection Board for Permanent Commission in the 1986 quota, placed 4th and 5th on the merit list, and forwarded to the Director General, Armed Forces Medical Services (DGAFMS) for "final selection". The DGAFMS later altered the e…

A group of B.D.S. students studying outside Uttar Pradesh filed writ petitions in the Allahabad High Court seeking transfer to the Dental Faculty of King George Medical College, Lucknow. The High Court Single Judge allowed the petitions and directed that all pending transfer applications be considered. The State Govern…

The State of Orissa introduced a rehabilitation scheme on May 28, 1985, to provide appointment to a family member of a non‑government primary school teacher who dies or becomes permanently disabled while in service. The respondent's father, a teacher, was murdered on September 15, 1984, i.e., before the scheme commence…

The appellants challenged the validity of a transport scheme approved by the State Government and published on May 29, 1993, contending that under the Motor Vehicles Act, 1988, prior approval of the Central Government was mandatory and that the draft scheme had lapsed under Section 100(4). The Supreme Court examined ea…

The Supreme Court examined challenges to the Lok Sabha election of C.K. Jaffer Sharief from Bangalore North, alleging that the candidate engaged in corrupt practices by arranging large‑scale free mass feedings of electors, exceeding election‑expenditure limits, and using spurious ballot papers. The Court held that mass…

Surya Prakash Sharma was detained under Section 3(3) of the National Security Act, 1980 while already in judicial custody for a murder case. The grounds of detention alleged that he might commit further serious offences if released on bail. The Supreme Court examined whether a preventive detention order can be validly …

The appellant, Laxmi Devi, alleged that her husband, Satya Narayan, had contracted a second marriage, constituting an offence under Section 494 of the Indian Penal Code. The trial court held that the prosecution failed to prove the essential Hindu marriage rite of Saptapadi, which is required to establish a valid marri…

Ahmed Begum, the owner of Dharampur Lodge, leased the entire premises to S. Sardul Singh Caveeshar, who was authorized to sub‑let. The appellant, Manphul Singh Sharma, and other sub‑tenants claimed to be lawful sub‑tenants and sought protection under Section 20 of the Delhi & Ajmer Rent Control Act, 1952. The landlord …

The Supreme Court examined whether the tax authorities could choose to assess tax on either the trustees or the beneficiaries of a discretionary trust when the trust's income was distributed and actually received by the beneficiaries during the accounting year. The respondent, a beneficiary of six discretionary trusts,…

J.K. Synthetics Ltd. filed sales‑tax returns on the basis that freight charges on cement sales were not part of the taxable price and paid the tax shown in those returns. The Commercial Taxes Officer later added the freight amount to the sale price, assessed additional tax and levied interest under Section 11‑B of the …

The appellant Jagmal Singh Yadav was elected to the Rajasthan Legislative Assembly, but his election was set aside by the High Court on the ground that he had committed a corrupt practice under section 123(4) of the Representation of the People Act by causing a defamatory news item to be published against the responden…

The State of U.P. appealed against a High Court order that set aside the conviction of respondents for violating a Section 145 order because the complaint was filed by a successor magistrate rather than the magistrate who originally issued the order. The Supreme Court examined the meaning of "public servant concerned" …

The Board of School Education, Haryana, under Regulation 26 of its 1990 Examination Regulations, allowed a 1% grace‑mark concession to help candidates pass but barred its use for earning compartment. After earlier High Court rulings (Anil Kumar) directing the Board to grant grace marks for compartment, the Board later,…

The case concerned disqualification of members of the Goa Legislative Assembly under Article 191(2) read with the Tenth Schedule. Bandekar and Chopdekar were disqualified for allegedly having voluntarily given up their MGP membership, while Naik was disqualified on similar grounds after claiming a split in the party th…

The appellant, a tenant, was evicted by the landlord (respondent No.1) under an ex‑parte order, which was later set aside, and the tenant obtained a restoration order under Section 144 of the Code of Civil Procedure. Before the warrant could be executed, respondent No.2 claimed to be a bona‑fide transferee in possessio…

The Uttar Pradesh Government decided to privatise the loss‑making Uttar Pradesh State Cement Corporation Ltd. and entered into a memorandum with Dalmia Industries Ltd. for the latter to acquire 51% of the shares. While the transfer was pending, the High Court stayed the privatisation and issued several interim orders. …

The Pradeshiya Industrial & Investment Corporation of Uttar Pradesh (appellant) entered into a promoters agreement with Dalmia Dairy Industries Ltd (second respondent) to promote North India Petro Chemicals Ltd (first respondent). The agreement was later cancelled by the appellant on 31 October 1992. The first responde…

The Madura Coats Ltd. sought a declaration that Section 25‑M of the Industrial Disputes Act, 1947 (as amended in 1976), which requires prior governmental permission before a lay‑off, violated Article 19(1)(g) of the Constitution. The Madras High Court held the provision ultra vires, relying on the reasoning in Excel We…

The appellants, senior officials of Rohtas Industries Ltd, were prosecuted for laying off workers without prior permission under Section 25-M of the Industrial Disputes Act after the Bihar State Electricity Board disconnected power due to unpaid dues. The High Court held the prosecution maintainable but ordered an enqu…

The dispute concerned the inter‑se seniority of promotees and direct recruits in the Delhi and Andaman and Nicobar Islands (DANI) Police Service. The respondents, promoted to Assistant Commissioner of Police on an officiating basis under Rule 25, argued that their long‑standing officiating service should be treated as …

The case concerned ex‑servicemen who were re‑employed in civil posts of the Government of India and the validity of the Union's decision to deny dearness relief (DR) on their pensions and family pensions, as well as to reduce their pay by an amount equivalent to the enhanced pension of those who were in post on 1 Janua…

The State of Maharashtra issued a Gazette notification under Section 4(1) of the Land Acquisition Act, 1894 to acquire a 25 × 25 ft parcel of land for the public trust Saibaba Sansthan, Shirdi, purportedly to connect two temples by a road. The appellants challenged the notification, alleging that the description of "pu…

The plaintiff filed a suit for redemption of properties mortgaged to the defendant under deeds of mortgage dated 1961, alleging that the defendants were in possession as tenants. The defendants claimed they were tenants of the agricultural lands under the Bombay Tenancy and Agricultural Lands Act, 1948, and that the mo…

A complaint was lodged against the respondents alleging forgery and conspiracy. The magistrate ordered an investigation under Section 156(3) of the CrPC, after which the police submitted a final report under Section 173(2) stating the complaint was false, and the magistrate accepted it. The police later ordered a fresh…

The appellants, Darshan Oils Pvt. Ltd., entered into a contract and opened an irrevocable letter of credit on 3 October 1983 to import fatty acids, which were not canalised under the Import and Export (Control) Act, 1947 policy for 1983-84. On 11 November 1983 the Government issued a public notice amending the policy, …

The petitioner, Tarun Bharat Singh, sought criminal contempt proceedings against Dr. Upendra Dublish and Advocate Ratan Katyani for threatening and using abusive language towards a senior Supreme Court advocate during a protest against mining restrictions in the Sariska Tiger Reserve. The Supreme Court examined affidav…

Three accused—Sushil Kumar, Tapeshwar and Ram Niwas—were convicted under IPC sections 302 and 34 for the murder of Jai Prakash. The appellants challenged the conviction on three grounds: (i) a one‑day delay in dispatching the FIR under Section 157 CrPC, (ii) the alleged bias of witnesses who were relatives of the decea…

S.G. Glass Works Private Ltd manufactured glassware manually, using compressed air only in the second mould. The Department issued a show‑cause notice classifying the goods under serial No.1 of Notification No. 329/77, which attracted a higher excise duty, but the appellant argued that the use of compressed air, even i…

The Delhi High Court upheld the University Grants Commission (UGC) Regulations of 1991 that require a written eligibility test for appointment of lecturers in Delhi University and its affiliated colleges. The University challenged the regulations as beyond UGC's competence, directory rather than mandatory, and an infri…

The petitioners, who were the legal heirs of statutory tenants of residential premises under the Delhi Rent Control Act, 1958, challenged the amendment introduced by Act 18 of 1976 that inserted clause (iii) in Section 2(1), which restricts the heritability of such residential tenancies. They argued that the clause dis…

The State of Andhra Pradesh, invoking urgency under Section 17 of the Land Acquisition Act, 1894, acquired 6 acres 29 guntas of land for a market yard in 1977, publishing a Section 4(1) notification and a Section 6(1) declaration, and took possession in 1978, vesting the land in the State. The appellants, who claimed t…

The appellant, a landlord, sought a release order for a residential building that had become vacant under Sections 12(3) and 12(4) of the U.P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972. The former tenants, who were joint heirs of the deceased tenant, filed an application for re‑allotment of t…

The Chief Minister of Haryana challenged a writ petition alleging that the High Court had transferred his case from a Tax Bench to a bench presided over by the then Acting Chief Justice, S.S. Sodhi, and later back again, claiming this indicated bias. The appellant sought a transfer of the case on the ground of malafide…

The State of Madhya Pradesh issued a 1987 notification for recruitment of Inspectors of Weights and Measures with qualifications including Arts, Commerce, Science, Engineering or a Diploma. Written examinations were held and results declared in August 1989, after which interview cards were issued. Subsequently, the Gov…

The Supreme Court examined the validity of purchase‑tax provisions in the sales‑tax statutes of Punjab, Tamil Nadu, Kerala, West Bengal and Bombay, which imposed tax on goods purchased for manufacture when the finished goods were dispatched out of the state without a sale. Dealers challenged these provisions on the gro…

The New Delhi Municipal Committee appealed against a Delhi High Court decision that excluded the market value of leasehold land from the calculation of annual value for house tax under the Punjab Municipal Act. The respondents, including the Gymkhana Club, argued that their leasehold interest, subject to restrictive co…

Shri S.K. Maini, employed as Shop Manager/In‑charge of M/s Carona Sahu Co. Ltd., was terminated after a domestic enquiry. The Labour Court held he was a workman under Section 2(s) of the Industrial Disputes Act, 1947 and ordered his reinstatement with back wages. The Punjab & Haryana High Court reversed, finding that h…

The police and customs officials recovered 101 silver ingots worth over Rs. 18 lakh from the appellant's wadi, which lay within the 50‑km specified area and the ingots were notified as specified goods. The appellant admitted the recovery but claimed he did not know how the ingots came to be there and had not filed any …

The petitioners, appointed as Pharmacists Grade‑B in the Northern Railway Central Hospital, were placed in the higher pay scale of Rs 330‑560 despite being qualified only under clause (d) of Section 31 of the Pharmacy Act, 1948, which entitled them to the lower scale of Rs 330‑480. In 1984 they were ordered to be shift…

The plaintiffs, Power Control Appliances and related companies, owned the copyright in the packaging, instruction manual, guarantee card and the design of the 'whipper blade' of their 'Sumeet' kitchen mixers, and the registered trade mark 'Sumeet'. The defendant, Sumeet Machines Pvt. Ltd., began manufacturing and marke…

The appellant claimed a half‑share in ancestral land based on his lineage and long‑term possession, which the Consolidation Officer and Settlement Officer recognized. The Deputy Director of Consolidation, exercising power under Section 48 of the U.P. Consolidation of Holdings Act, 1953, reversed those findings, allegin…

The Central Government declared Jamaat‑e‑Islami Hind an unlawful association under the Unlawful Activities (Prevention) Act, 1967, based on alleged statements questioning India's sovereignty. The declaration was referred to a Tribunal, which, relying on a résumé of intelligence reports and affidavits from officials who…

The Madhya Pradesh Hastashilp Vikas Nigam Ltd., a government company, appointed five individuals as temporary Junior Managers in July 1989, contrary to a State Government order dated 1‑April‑1989 that required prior approval for such appointments. The appointments were later terminated on 31‑July‑1989 by the succeeding…

The respondent, a member of the Uttar Pradesh Civil Services, was censured for allegedly pressurising carpet traders to support students protesting the reservation policy. He challenged the censure under Rule 55‑B(a) of the U.P. Civil Service (Classification, Control and Appeal) Rules, 1930, which dispenses with formal…

The Municipal Corporation of Ludhiana challenged the Punjab and Haryana High Court’s view that a fine under Section 116 of the Punjab Municipal Corporation Act, 1976 could be imposed only by a criminal court and not by municipal officers. Section 116 penalises any person who causes or abets the introduction of goods in…

Brigadier P.K. Dutta retired in 1991 and claimed his pension and other retiral benefits, which had not been paid. While his claim was pending, a General Court Martial in 1992 sentenced him to three years' rigorous imprisonment and cashiered him, a decision later confirmed by the Chief of Army Staff. The Delhi High Cour…

The plaintiff, a former partner in Messrs Maharashtra Metal Manufacturing Company, claimed that a plot of land purchased by the defendant in 1955 was partnership property, as stated in the Deeds of Dissolution executed in 1961. After the defendant failed to execute a sale deed, the plaintiff filed a suit for partition,…

Ram Kumar and three co‑accused were charged with murder and attempt to murder arising from a land‑dispute. The trial court acquitted all, holding that the FIR was ante‑timed, that there was an unexplained delay in filing the FIR and in sending the special report to the magistrate, and that the eye‑witnesses (the victim…

The editors of the Tamil weekly Nakkheeran sought a writ under Article 32 to publish the alleged autobiography of condemned prisoner Auto Shankar, claiming the State and prison officials were trying to suppress it. The Court, without deciding the factual dispute over authorship, examined whether a citizen can prevent u…

The State of Maharashtra raided a brewery and registered offences under the Bombay Prohibition Act in 1985. After a year, five charge‑sheets were filed on 21 November 1986 before the Chief Judicial Magistrate (CJM), along with two applications: one seeking condonation of any delay in filing the charge‑sheet and another…

The Supreme Court Legal Aid Committee filed a writ petition on behalf of undertrial prisoners detained under the NDPS Act, alleging that delays in constituting special courts and stringent bail provisions violated Articles 14, 19 and 21. The petition sought quashing of the prosecutions and release of the undertrials. T…

Tata Engineering & Locomotive Co. Ltd., a manufacturer of motor vehicles, purchased items such as tyres, tubes and batteries and claimed a concessional sales tax rate of 1% under Section 13(1)(b) of the Bihar Finance Act, 1981 and Notification S.O. 604. The Deputy Commissioner rejected the claim, holding that these ite…

The respondent imported 63 cases of rolling mills at the Port of Calcutta, which were unloaded at the appellant's Netaji Subhas Docks, and after paying demurrage failed to clear the goods. Seeking a waiver of port charges, the respondent was refused and consequently filed a suit in the District Court, Bharatpur, Rajast…

The State of Mizoram acquired land in Aizawl under the Land Acquisition Act, 1894 and awarded compensation to the landowner, BiaKchhawna, who received it under protest and filed an application for higher compensation but the Collector failed to make a reference under Section 18 of the Act. BiaKchhawna then instituted a…

The plaintiff claimed possession of land leased to him in 1949, which was registered in 1950 after the Madhya Pradesh Abolition of Proprietary Rights Act vested the land in the State. The appellant argued that the lease was void under Section 6 of that Act and that he had acquired title by adverse possession. The Supre…

The Market Committee of Shri Hargobindpur Sahib appointed several persons to regular posts after a newspaper advertisement. The Punjab State Agricultural Marketing Board later reviewed and terminated those appointments. The terminated appointees filed a writ petition challenging the cancellation, alleging lack of notic…

The appellant, Radhika, was the sole child of a mother who had inherited property from her own father. When the mother died intestate, her husband (the respondent) claimed a half‑share as a Class‑I heir. The trial court dismissed his claim, but the district court and the High Court reversed, granting the husband an equ…

The appellants filed a suit claiming a Raiyati right over a tank and its surrounding land in Bihulia village, based on a settlement obtained from the former jamindar in 1943. The trial court declared that the appellants held such a right, but the District Judge reversed the decision, holding that the land vested in the…

The State of Andhra Pradesh and others granted mining leases to Mis. Anupama Minerals under Rule 31 of the A.P. Mining Rules, 1966. After the Forest Conservation Act, 1980 came into force, the respondents applied for renewal of the leases. The State Government refused renewal, invoking the prohibition in Section 2 of t…

The landlord (appellants) leased land to a tenant (respondent No.1) who was permitted to construct a building and sub‑let portions. After the Karnataka Rent Control Act, 1961 came into force, the tenant inducted sub‑tenants. The landlord sought eviction under Section 21(1) of the Act. The trial court ordered eviction o…

The appellant, Satyapal Singh, a 40% disabled ex‑serviceman, was appointed on an ad‑hoc basis as Technical Tracer and was recommended by the Haryana Rajya Sainik Board for regular appointment. The Haryana State Subordinate Services Selection Board, however, did not recommend his regularisation because he failed to obta…

The State of Bihar issued a prospectus for the 1992 Post‑Graduate Medical Admission Test reserving 50% of seats for socially and educationally backward classes, Scheduled Castes, Scheduled Tribes and women. The appellants challenged this reservation before the Patna High Court, which dismissed their writ petitions, lea…

K. Ashok Reddy filed a writ petition seeking a declaration that High Court judges could not be transferred under Article 222 of the Constitution, alleging that transfers were arbitrary, biased and eroded judicial independence, and that the Supreme Court's Judges' Case‑II had wrongly excluded judicial review, conflictin…

Printers (Mysore) Ltd. and other newspaper publishers challenged the Central Sales Tax authorities' demand that they pay tax at the higher 10% rate on raw materials used for printing, arguing that the amendment to the definition of "goods" in the Central Sales Tax Act, 1956 (which excluded newspapers) should not depriv…

The State of Haryana sought recruitment of 11 Chief Inspectors, with a selection committee appointing 11 and placing four general‑category candidates on a waiting list. The candidates challenged the non‑appointment, and the Punjab & Haryana High Court held that while the waiting list did not create a vested right, the …

Special Leave Petitions were filed against interim orders of the Madras High Court. On 14 January 1994 the Supreme Court ordered the parties to approach the High Court for an early disposal of the matter and to inform the Supreme Court of the result, expressing confidence that the High Court would give due attention. T…

Mis Bombay Oil Industries Pvt. Ltd. imported bleachable mutton tallow in April 1978 and claimed a 30% customs duty exemption under Notification 141‑CUS/76, which required the tallow to meet a colour specification. The Customs House tested the tallow using the Indian Standards method (IS 548) and found the colour exceed…

The appellant, an Indian teacher, was married to an NRI doctor who returned to the United States shortly after the wedding and later obtained a foreign decree of annulment, leaving her deserted. She filed a suit in forma pauperis for damages, which was decreed ex parte for Rs 22 lakhs. The Delhi High Court stayed the d…

Hem Chand, a police employee, was convicted under Sections 304‑B (dowry death) and 498‑A of the IPC for the strangulation death of his wife Saroj Bala within seven years of marriage. The trial court sentenced him to life imprisonment for the dowry death and two years for cruelty; the High Court affirmed both conviction…

Arvinder Singh filed a writ petition under Article 32 alleging that he, his wife Nidhi, and other family members were illegally detained, assaulted, and tortured by police officers in Bareilly, Uttar Pradesh. The District Judge conducted an inquiry, examined witnesses and concluded that the police had fabricated record…

The case concerned a promotion grievance of government servants in U.P. Jal Nigam, where the petitioners sought relief through a writ under Article 226 of the Constitution instead of first approaching the specially constituted U.P. Public Service Tribunal. The Allahabad High Court had earlier directed the parties to av…

The Supreme Court examined a dispute concerning promotion of a reserved‑category employee to the post of Office Superintendent in Bihar. The State had issued a circular with a roaster that earmarked the second vacancy for Scheduled Castes and the fourth for Scheduled Tribes, while other vacancies were unreserved. The r…

The appellant, Noorduddin, claimed an independent right, title and interest in land (Khasra No.179) that he alleged was part of his ancestral property and not covered by the sale of evacuee lands (Khasra Nos.13 and 14) to Dr. K.L. Anand. The respondent sought possession of the latter parcels under a decree, and the app…

Bharat Coking Coal Ltd (appellant), a government-owned company, sold hard coke to Steel Abrasers & Allied Products Ltd (respondent) for foundry use. The Central Government, under the Colliery Control Order, 1945, issued a 1991 notification fixing prices for coke but allowing additional charges for "special sizing or be…

The respondent, a Civil Judge Class‑II, sought confirmation and seniority dating from 5 February 1973, alleging that the High Court's Full Court was influenced by the Chief Justice's unsatisfactory remarks and that the Grievance Committee's comparative assessment was ignored. The High Court's Division Bench set aside t…

The appellant, a fertilizer and foodgrain dealer, had large stocks seized under the Essential Commodities Act, 1955. After part of the stock was confiscated, the remainder was ordered to be released, but the State failed to do so and the goods later deteriorated in quality and quantity. The appellant sued for compensat…

The State of Orissa created a single post of Assistant Professor of Cardiology at SCB Medical College. Dr. Urmila Kumari Swain was transferred to the post in 1979, and Dr. Sivasanker Lal Bajoria challenged that appointment, which was later withdrawn. In 1983 Dr. Mruthyunjaya Satpathy was appointed to the same post, and…

In 1928 a non‑agriculturist tribe sold 60 bighas of land, now in Pakistan, to the appellants, and mutation was effected in their favour in 1932. After the vendor’s caste was later notified as an agricultural tribe, the authorities attempted to review the mutation, treating the appellants as mortgagees. The appellants m…

The appellants, head constables who had completed intermediate and upper school police training, were temporarily promoted to Sub‑Inspectors and placed on the 'G' list. After completing the upper school course in 1984 they were not placed on the 'E' list and were reverted to head constable, while two junior colleagues …

The appellants, holders of diplomas in Mechanical Engineering, applied for the post of Assistant Motor Vehicles Inspector in Andhra Pradesh but were rejected because the State's Transport Subordinate Service Rules required a degree. They challenged the State rule, arguing that the Motor Vehicles Act, 1988 (Section 213(…

The appellant, Burmah Shell Oil Storage and Distribution Co. (now Bharat Petroleum), purchased iron cylinders as returnable packages for LPG distribution, costing Rs 1,09,63,754, and claimed no depreciation. In 1961 it sold the cylinders to the refinery for Rs 82,19,947, incurring a loss of Rs 27,43,807, which it sough…

Three shareholders of Jeypore Sugar Co. Ltd., including a daughter residing in the USA, filed a petition under sections 397/398 of the Companies Act, 1956. The daughter had executed a General Power of Attorney (GPA) in favour of her father, who gave written consent on her behalf as required by section 399(3). The respo…

The respondent, a lecturer, sought ad‑hoc promotion to Associate Professor and obtained an interim order from the High Court directing the State Government to grant the promotion. The government failed to implement the order, leading the respondent to initiate contempt proceedings, after which the High Court issued a n…

The workmen of Kettlewell Bullen & Co. claimed a customary bonus for the years 1974‑1977, arguing that the company had been paying a bonus since 1959, at a uniform rate of 10.5% of salary from 1965‑1973, before the Puja festival and irrespective of profits. The Industrial Tribunal held that this long‑standing, uniform,…

The case concerned a sale of agricultural land by Mitter Sen, the mortgagor‑vendor, to Randhir Singh and others. The appellants, Ram Chand and his heirs, were tenants of the land, having been inducted by the usufructuary mortgagee under Section 76(a) of the Transfer of Property Act. They claimed a right of pre‑emption …

The appellants were temporarily appointed as Assistant Executive Engineers under Rule 10(a)(i)(1) of the Andhra Pradesh Service Rules in 1980 and later regularised in 1984. The PSC candidates, selected through direct recruitment in 1981, were appointed to the same service in May 1984. The dispute centered on whether th…

Respondents, senior officers of the Karnataka Administrative and Secretariat Services, retired at the statutory superannuation age of 55 and were immediately re‑employed on a contract basis under Rule 313(b) of the Karnataka Civil Services Rules, 1957. While they were in re‑employment, the State Government issued order…

The Corporation of the City of Belgaum revised property tax in 1984, and the plaintiffs filed a representative civil suit alleging that the increase was arbitrary, unreasonable, illegal, that assessors inspected properties without notice, and were pressured to raise taxes. The suit was dismissed by the trial court unde…

The appellant Sukhpal was apprehended in a notified area with a .315 bore rifle and 109 live cartridges, without any licence, and was charged under Section 5 of the Terrorist and Disruptive Activities (Prevention) Act, 1987 read with Section 25 of the Arms Act, 1959. The prosecution relied on the testimony of police of…

The petitioners challenged the Rajasthan Excise Amendment Act, 1985, which added Section 17A and the class "Mollasses" to Section 41(2)(d) of the Rajasthan Excise Act, 1950, alleging that it conflicted with the central Mollasses Control Order, 1961 made under the Industries (Development and Regulation) Act, 1951. The S…

The petitioner, an agriculturist, sought to have arrears of rent, which had been transformed into a debt by a decree against his father (who was a surety), scaled down under Section 19 of the Tamil Nadu Agriculturists Relief Act, 1938 (as amended 1973). The respondent argued that rent is expressly excluded from the def…

The dispute concerned possession of a property housing a Cork Splitting Machine. An Executive Magistrate, invoking Section 145(2) of the Criminal Procedure Code, could not determine which party was in possession and therefore attached the property, directing the parties to resolve their rights in a civil court. While a…

The appellants, who were Village Assistants without SSLC qualifications, challenged the pay scale disparity with Talatis who possessed SSLC qualifications, arguing that the distinction violated Articles 14 and 39(d) of the Constitution. They sought parity in the Rs. 90‑200 pay scale, contending that a High Court direct…

Bihari Lal, an Assistant Commissioner in the Uttar Pradesh Sales Tax Department, was compulsorily retired under Rule 56(j) of the Fundamental Rules on the ground of persistent adverse remarks and being classified as an officer of a bad category. He challenged the order in the Allahabad High Court, which quashed the ret…

The Andhra Pradesh government reorganised the Panchayat Raj system and framed Adhoc Rules (1989) for appointing Mandal Development Officers (MDO) by transfer of Superintendents, Divisional Panchayat Officers and Extension Officers. The respondent, a Veterinary Assistant Surgeon (Extension Officer), claimed that, like B…

The Punjab State Electricity Board (Revised Pay) Regulations, 1988 came into force on 1 January 1988, providing that a promotion after that date would attract a benefit of two advance increments under Regulation 8. The respondent, V.N. Sharma, had been promoted before the regulations were issued and claimed the two inc…

The respondent, Gurdev Singh, was a minor when his father died and attained majority on 17 April 1977. He filed a suit for possession of immovable property on 4 November 1982, invoking Article 65 of the Schedule to the Limitation Act, 1963, which provides a 12‑year limitation period. The appellant, Darshan Singh, conte…

The appellant, a railway employee promoted to Guard, had his basic pay fixed at Rs.190 per month in 1970. In July 1991 the Railway administration issued an order reducing his basic pay to Rs.181 per month, retrospectively effective from 18 December 1970, without issuing a show‑cause notice or granting a hearing. The ap…

In a criminal petition, the parties consented to refer a dispute between the petitioner and Respondent No.3 to an arbitrator, limiting the reference to those two parties. The arbitrator, however, issued an award holding Respondent No.5 liable for a sum, despite Respondent No.5 not being a party to the reference. Respon…

The Bihar State University Service Commission had initially recommended temporary promotions of several lecturers to Readers under a Time‑Bound Promotion Scheme, but later withdrew its recommendations alleging that the screening committees were not constituted as required by the statute. The Vice‑Chancellors consequent…

Kesho Ram was appointed as a temporary Assistant Block Superintendent at G.B. Pant Agricultural & Technology University in 1972 with a contract allowing termination on one month's notice. He was dismissed in 1976 for irregular attendance without a prior inquiry, and he sued for a declaration that the termination was il…

The State of Madhya Pradesh suspended Executive Engineer L.P. Tiwari on 24 April 1990 and framed a charge‑sheet on 5 July 1990, but the charge‑sheet was not served until after the 90‑day period prescribed by Rule 9 of the Madhya Pradesh Civil Services (Classification, Control and Appeal) Rules, 1966 because the respond…

The Commissioner of Food and Civil Supplies terminated the services of Prakash Chandra Saxena, a temporary government servant of nearly 20 years, by a non‑speaking order without conducting any enquiry. The Service Tribunal held that such termination amounted to punishment and violated Article 311(2) of the Constitution…

The appellant, an Additional Collector of Customs, was charged under the Terrorist and Disruptive Activities (Prevention) Act, 1987 in the Bombay bomb blast case for allegedly colluding with smugglers to import arms and explosives. The Designated Court dismissed his bail application under Section 20(8) of TADA, relying…

The Union of India sought compensation for land requisitioned by the State of Jammu & Kashmir for an air‑field extension. The competent authority fixed market value, solatium and interest, but the local officer required approval of the Union of India, which was never obtained. The Union invoked Section 8 of the Jammu &…

Pancham executed a 1907 will bequeathing certain sir lands and a house to his daughter Sarjabai. The will's language was held to create only a life interest for Sarjabai, not an absolute estate. After Pancham's death Sarjabai transferred the property by gift deed to several defendants, but the adopted son’s heir, Kashi…

The case arose from the 1981 Punalur liquor tragedy in Kerala where arrack adulterated with methyl alcohol caused several deaths. Joseph Kurian (A‑4) managed the Punalur depot and Philip Jose (A‑1) controlled it; both were convicted by the trial court under IPC sections 272 (adulteration) and 328 (causing hurt by poiso…

Rainbow Industries, a dye‑stuff manufacturer, filed a price list under Rule 173(2) of the Central Excise Rules, 1944 for sales to related persons, which the department approved effective 1 October 1975. About a year later the department issued a show‑cause notice demanding revision of the assessable value and recovery …

The petitioners sought a direction that the Central Board of Secondary Education (CBSE) include Sanskrit as an elective subject in its secondary school syllabus, arguing that Sanskrit, being an Eighth Schedule language, should be promoted under Article 351 of the Constitution. The Board opposed, contending that inclusi…

The case concerned the interpretation of Section 28A of the Land Acquisition Act, 1894 as amended by the 1984 Amendment Act, particularly its prospective operation, the definition of “aggrieved person”, the computation of the three‑month limitation period, and whether awards of higher compensation by civil courts or ap…

Advocate K.A. Mohammed Ali was convicted by the Kerala High Court under Section 12 of the Contempt of Courts Act, 1971 for raising his voice, using derogatory language against a magistrate, publishing posters and staging a demonstration. The High Court imposed a fine of Rs. 2,000 and ordered the advocate to pay Rs. 5,0…

Jagatjit Sugar Mills Co. Ltd. purchased sugarcane from growers and cooperative societies for sugar production. The Assessing Authority issued a notice demanding purchase tax and a penalty, alleging the mill had failed to pay tax under the Punjab General Sales Tax Act, 1948. The mill contended that sugarcane, being agri…

The appellant, Bhanwar Lal, obtained a final ejectment decree against Ram Kishan and sought possession of the property. When Satyanarain, a third‑party not a judgment‑debtor, obstructed delivery, the appellant filed an application under Order 21 Rule 35(3) for police assistance. The executing court directed him to file…

The appellant Kondiba and the plaintiff Krishna, brothers belonging to a Hindu joint family, filed a suit for partition of several properties. The trial court limited the decree to two items, while the appellate court ordered partition of all suit properties subject to the appellant contributing half the price of three…

Raja Bai executed a registered gift deed on 20 June 1957 in favour of Suresh Chandra, retaining possession and enjoyment of the property for her lifetime. She later executed a registered will on 27 December 1965 bequeathing the same property to the appellant. After her death in May 1966, the appellant sued for declarat…

The landlord filed a suit for arrears of rent, and the tenant filed an application under section 11 of the Bombay Rents, Hotel & Lodging House Rates Control Act, 1947 for determination of the standard rent. The rent was fixed on a compromise and the application was dismissed as withdrawn. The landlord later obtained a …

Jay Laxmi Salt Works (P) Ltd. sued the State of Gujarat for damages after flood water from a government‑built reclamation bundh entered its factory in July 1956. An official committee assessed the loss at Rs 1,58,735, which the State refused to pay. The trial court dismissed the suit as an act of God and barred it by l…

The Supreme Court examined whether the Union Public Service Commission's practice of fixing 1 August as the cut‑off date for determining age eligibility in the Civil Services Examination was arbitrary, especially after the introduction of a preliminary exam held before that date. The Court held that the cut‑off date wa…

The Supreme Court examined two Special Leave Petitions challenging a State Government's instruction that allowed compassionate appointments in a Class II post to a dependent of a deceased employee. The Court held that compassionate employment is a humanitarian measure intended solely to relieve the financial destitutio…

The State of Tamil Nadu issued a notification under the Land Acquisition Act, 1894 to acquire land for establishing a taluk office, sub‑treasury and a college of music. The petitioners challenged the acquisition, arguing that the proposed public purpose was no longer required and that suitable land nearer to the intend…

The appellant, a landowner, challenged the compensation awarded for land acquired under the Land Acquisition Act, 1894 for a housing scheme. The acquisition officer had initially fixed the market value at Rs. 92 per cent, which the civil court enhanced to Rs. 800 per cent on reference under Section 18. The High Court a…

The appellants, a gang led by A‑1 (Shankar @ Gauri Shankar) and his associates A‑2 to A‑6, were convicted of six murders committed in a brutal, organised manner involving a brothel and illicit arrack business. The prosecution's case rested on the testimony of an approver (P.W.1) and the retracted judicial confessions o…

The appellants applied to the Regional Transport Authority, Dehradun for stage carriage permits on the Muzaffarnagar‑Yamuna Bridge route. While the applications were pending, the Supreme Court stayed the issuance of fresh permits on routes covered by certain writ petitions, but clarified that the stay did not prohibit …

The appellants, Telangana Steel Industries and others, challenged the levy of sales tax on iron wires produced from wire rods that had already been taxed. The issue was whether wires constitute a separate taxable commodity from the rods under Section 14(iv)(xv) of the Central Sales Tax Act, 1956, invoking the single‑po…

Bheru Singh was convicted of murdering his wife and five children. He lodged a first information report (FIR) admitting motive and describing the killings, and later gave a judicial confession under Section 164 Cr.P.C., which he later retracted. The Supreme Court examined whether the FIR could be used as evidence despi…

The Supreme Court examined the validity of Rule 39 of the Tamil Nadu Minor Mineral Concession Rules, 1959, which permits the State Government to grant or renew quarry leases in special cases for mineral development and public interest. The petitioners argued that the rule conferred unguided, uncanalised discretion viol…

Veeramani was detained on 16 February 1993 under Section 3 of the Tamil Nadu Prevention of Dangerous Activities Act, 1982, on the ground that he was a "goonda" and likely to commit acts prejudicial to public order if released on bail. He challenged the detention before the High Court, which dismissed his habeas corpus …

The landlord obtained a decree of possession against the tenant under Section 21(1) of the Karnataka Rent Control Act, 1961, on the ground of bona‑fide personal requirement to start a business. The landlord died before the tenant vacated, and his heirs sought to execute the decree. The tenant argued that the decree bec…

The appellants, Oswal Agro Mills Ltd. and another, paid 50% of the assessed excise duty and furnished bank guarantees for the remaining 50% under interim Supreme Court orders. After the Supreme Court allowed their appeal on the classification of toilet soap, the appellants sought a refund of the duty and the bank guara…

N.K. Chandla, a Sub‑Station Assistant in the Haryana State Electricity Board, lost his right arm due to cancer and could no longer perform technical duties. The Board reassigned him as a Carrier Attendant with a lower pay scale, which he contested. The Supreme Court ordered a medical board to assess his capability; the…

R.R. Bhanot entered the service of the erstwhile State of Punjab in 1937. After the Punjab Reorganisation Act, 1966, he was provisionally allocated to Himachal Pradesh from 1 November 1966, but he contested this allocation. Himachal Pradesh prematurely retired him in 1968; the Himachal Bench of the Delhi High Court qua…

The Supreme Court heard contempt petitions filed by Assistant Conservators of Forest (direct recruits and promotees) who alleged that the Uttar Pradesh Government had violated the Court's earlier directions in Keshav Chander Joshi v. Union of India regarding the fixation of inter se seniority. The petitioners contended…

The petitioner, appointed as a temporary Staff Officer‑cum‑Instructor in the West Bengal Directorate of Civil Defence in 1965, claimed to be a member of the Civil Defence Corps and sought uniform service conditions under the Central Civil Defence Act, 1968. He argued that the Central Government, which can frame regulat…

Approximately 1,200 individuals claiming to be long‑time contract helpers with the Tamil Nadu Electricity Board filed writ petitions under Article 32 seeking regularisation and a direction to the Khalid Commission, or an independent body, to determine their identity. The Board had earlier appointed Justice Khalid as a …

The respondent, a government employee who entered service in 1952, sought correction of his date of birth a year before his scheduled superannuation, claiming his father had recorded it incorrectly. The State rejected the application, and the Administrative Tribunal set aside the rejection, directing an extension of se…

The Supreme Court examined the acquisition of 71 acres of land by the Andhra Pradesh government for a private cooperative housing society that intended to develop plots for its members. The government had issued a notification under the Land Acquisition Act, 1894, contributed a token amount from public funds, and decla…

During interrogation in a dacoity case, the appellant disclosed the location of a pistol and two cartridges, which were subsequently recovered. The armourer's report confirmed the pistol was functional but said nothing about the cartridges, which were not sealed. The Designated Court convicted the appellant under Secti…

Sonapur Tea Company owned a 1,617‑bigha tea estate in Kamrup, Assam that was requisitioned by the Union Defence Department under the Defence of India Act, 1962. After a portion was de‑requisitioned, the remaining estate was deemed requisitioned under the Requisitioning and Acquisition of Immovable Property Act, 1952 (S…

The appellant, a vendor, sought rescission of a contract of sale under Section 28 of the Specific Relief Act, 1963, alleging the respondent failed to pay the balance consideration within the time fixed by an appellate decree for specific performance. The decree, passed by the appellate court, was being executed in the …

The complainant, Archna Guha, filed a private complaint in 1977 alleging torture by five police officers in 1974. Two of the accused, Santosh De and Ranjit Guha Niyogi, sought discharge under Section 245(3) of the Criminal Procedure Code, arguing that the prosecution had failed to produce all evidence within four years…

The Supreme Court examined the validity of Section 5(6) of the Administrative Tribunals Act, 1985, and broader questions concerning the powers of administrative tribunals under Articles 323‑A and 323‑B of the Constitution. Relying on the earlier decision in S. P. Sampath Kumar v. Union of India, the Court observed that…

The contractor (appellant) entered into an excavation contract with the State Government and, after disputes, the matter was referred to an arbitrator who rendered an award on 29 July 1985. The award was filed in the court on 5 August 1985, the court gave notice of filing on 7 August 1985, and the respondents filed a p…

The respondents, appointed ad‑hoc as Assistant Engineers in the U.P. Local Self‑Government Engineering Department, sought inter‑seniority determination. The Allahabad High Court directed the preparation of a fresh seniority list based on a merit list, but the original record could not be traced, leading to the constitu…

Dr. L.B. Sinha, a regular lecturer, went on study leave and Dr. S.K. Sinha was appointed as a temporary lecturer against the leave vacancy. The appointment letter expressly stated that the post was temporary, terminable on 24‑hour notice and salary contingent on UGC funds. When Dr. L.B. Sinha returned, the college canc…

Sugan Chand filed a suit under Section 229‑B of the U.P. Zamindari Abolition Act, 1951, claiming possession of certain plots. The trial court and the first appellate court recorded a finding in his favour. While a second appeal was pending, a notification under Section 5 of the U.P. Consolidation of Holdings Act, 1953 …

The appellants, sisters Suchita and Madhuri Patil, obtained caste certificates claiming they belonged to the Mahadeo Koli Scheduled Tribe and were admitted to medical and dental colleges on that basis. The Verification Committee, after examining ancestral, school and anthropological evidence, held that they were Koli o…

The respondent, KM Ramona Perhar, obtained admission to a private medical college in Karnataka in 1990 and sought a transfer to a government medical college in Uttar Pradesh in 1992. The Uttar Pradesh Government rejected the request based on its policy of not allowing out‑of‑state transfers. The Allahabad High Court is…

The appellant, Gyanchand Jain, was convicted under Sections 302 and 309 of the IPC for murdering his wife and attempting suicide. The prosecution relied on a handwritten letter found at the scene, which detailed his intention to kill his wife and then end his own life, and on a hand‑writing expert’s comparison of the l…

Venkatashwarlu, a senior assistant in the Hyderabad Water Works Department, was transferred to the Maneru Investigation Circle, promoted to Head Clerk (Superintendent) and gave an undertaking not to claim seniority in his parent department. He was later reverted to Senior Assistant; the reversion order was upheld by th…

The case concerned whether a widow, classified as a disabled person under Section 157 of the Uttar Pradesh Zamindari Abolition and Land Reforms Act, could be treated as a "land‑holder" under Section 21(1)(h) and thereby render her tenants Asamis. The widow, Smt. Khema Kunwar, had executed a thekanama in 1939 in favour …